No. 06A01-9009-CV-363.

569 N.E.2d 706 (1991)

Kenneth PICKETT and Jane Pickett Appellants (Plaintiffs below), v. Joan BROWN and Robert Brown Appellees (Defendants below).

Court of Appeals of Indiana, First District.

April 15, 1991.

Attorney(s) appearing for the Case

William G. Brown, Brazil, for appellants.

Lawrence D. Giddings, Giddings, Whitsitt & McClure, Lebanon, for appellees.


Kenneth and Jane Pickett appeal the granting of Joan and Robert Browns' Ind. Trial Rule 50 motion at the close of the evidence in the Picketts' suit against the Browns to recover damages to the Picketts' property caused by the flow of water and mud from the Brown's property onto the Picketts' property brought about by the construction of the Browns' home. The trial court granted the T.R. 50 motion stating that the common-enemy doctrine precluded...

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